ING REPOI BUILDINGS AND WORKS ASSOCIATED

WITH A TELECOMMUNICATIONS FACILITY

285 Waratah Road Sandy Point Vic 3959

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Contents Executive Summary 3

Site and Proposed Details 4

1. Introduction 5 2. Site Selection Process 7 3. Proposed Development 15 4. Subject Site and Locality 17 5. Regulatory Framework & Assessment 26 6. Conclusion 44

Appendix A Copy o f Title

Appendix B Plans and Elevations ii

Appendix C [ME Report iii

Appendix D Deployment Code iv

Appendix E EPBC Report V

Appendix F Aboriginal Areas o f Cultural Sensitivity Map vi

Appendix G Visual Impression vii

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Executive Summary This report has been prepared by Excor'nm Integrated Services on behalf of Teistra in support of a planning permit application for a 40 metre telecommunications facility at 285 Waratah Road, Sandy Point, Vic, 3959.

The site is legally described as Lot 1 on Title Plan 017810G, Volume 10564, Folio 333.

Refer to copy of Title at Appendix A.

The proposed development of the site triggers the need for a permit under the following clauses of the South Gippsland Planning Scheme:

Clause 52.19-2 - Buildings and works for a Telecommunications Facility

This report outlines the purpose and demand for a telecommunications facility in Sandy Point, and addresses the planning merits of the proposal and its consistency with the relevant planning controls and policies of the South Gippsland Shire Planning Scheme. It is supported by the accompanied plans which show the proposed layout and design of the facility.

The proposed development of the site represents the provision of essential telecommunications infrastructure to Sandy Point and its surrounds. The proposed facility will have an acceptable impact

on the amenity of the area in terms of its use of materials and siting within the existing Telstra Exchange. The facility is designed to have regard to its surrounds and represents an appropriate balance between the net community benefit from the provision of essential telecommunications services to Sandy Point and the protection of the environment from any adverse impacts.

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Site and Proposal Details

Address of Site 285 Waratah Road, Sandy Point, Vic, 3959.

Legal Property Description Lot 1 on Title Plan 017810G, Volume 10564, Folio 333

Local Authority South Gippsland Shire

Permit Trigger Clause 52.19-2: Buildings and Works for Telecommunications Facility

Zone and Overlays Farming Zone

Environmental Significance Overlay- Schedule 3 (ES03) & Schedule 5 (ES05)

Significant Landscape Overlay -Schedule 3 (SL03)

Owner Telstra Corporation Ltd

Applicant Telstra Corporation Limited ABN 051 775 556 Cl- Excomm Integrated Services Shop 3, 157 Martin Street BRIGHTON 3186

Contact Person Emily Wardlaw Director Planning Services 0422685472 emily@acquirecomm.com.au

Our Reference VT16119.01

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1 Introduction Telstra will participate in one of the largest ever expansions of mobile coverage in regional and remote Australia, through the Federal Government's Mobile Black Spot Programme.

We will be building 429 new 3G/4G base stations over the next three years, plus a further 250 4G data only small cells, representing a combined investment of more than $340 million in regional and remote Australia by Telstra, the Federal Government and several State and Local Governments as well.

Mobile connectivity has grown in importance as the combination of smart phones and tablets with increased mobile broadband speeds and capacity are changing the way we live and the availability of these services is often taken for granted in metropolitan locations.

Telstra has a heritage of nearly 35 years in providing mobile telephony to Australians, having brought

every generation from 1G (that's right there was one before Cellular started in 1987) through to the 4G networks of today. Along that journey we have been intimately involved with extending coverage through the rollout of new base stations as well as creating new and innovative ways to stretch and improve mobile coverage into the far corners of the nation.

With this heritage we are acutely aware of the challenges facing communities living with limited access to a mobile network and that is why Telstra is excited to play an important role in delivering mobile

coverage for the first time to a large number of regional communities as part of the Federal Government's Mobile Black Spot Programme.

Over 400 communities who currently have no coverage in or around their towns will benefit from a new 3G/4G service. This means places like Leeuwin in Western Australia, Cape Otway in Victoria, Coffee Camp in New South Wales, Widgee in Queensland, Lulworth in Tasmania, Imanpa in Northern Territory and Fregon in South Australia will be receiving coverage from a new Telstra base station, as well as hundreds more. This has been made possible by the support of not just the Federal Government, but very significant contributions by State and Local Governments as well.

In addition to the new base stations, we will be installing 250 Small Cells to deliver high speed 4G data services in some small country towns where suitable Telstra infrastructure is available. There will be 200 nationally and another 50 specifically for Queensland as part of our arrangements with the Queensland Government and we are now working with Government on how to allocate these small cells. At this stage, the Small Cell technology can only provide data services, however, we are working

on implementing Voice over LTE technology which will allow customers to make voice calls using 4G.

Telstra has been investing in the expansion and upgrade of our wireless networks for the long term and in the past five years alone we have invested around $5 billion in our mobile network. Since we launched our Next G11 network almost a decade ago, more than 99% of our network has been funded by investing our own capital.

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With this Government partnership we are committing $165 million of our own funds in return for the $94.8 million allocated to Telstra by the Federal Government and we have worked with Victorian, NSW, Queensland, Tasmanian and Western Australian State Governments as well as multiple Local Governments to attract tens of millions of dollars in targeted additional funding. This means Telstra is able to deliver an investment of over $340 million in regional telecommunications. Coupled with our unparalleled experience in building networks, this investment will bring new and improved coverage to hundreds of communities across the country.

The Telstra mobile network currently reaches over 99.3% of the population and is by far the largest network in the country, covering 2.4 million square kilometres of the Australian land mass, thanks to our longterm commitment to network investment.

As the first carrier to bring 4G mobile services to regional Australia, we know how important high- speed mobile can be to supporting local businesses, tourism and education, so we are also continuing the expansion of our 4G and 4GX services.

We will be offering other carriers the opportunity to use space on our towers to install their own equipment and offer services to their customers from these towers, in accordance with existing industry practices. Our competitors are well-resourced and free to invest in extending their networks into previously unserved regional areas. So this is not just good news for Telstra customers but an opportunity for all carriers to invest in expanding their coverage in regional Australia.

We are proud to have put forward a strong bid for regional Australia as part of a competitive tender

process, and we look forward to rolling out the new base stations and expanding coverage for hundreds of communities over the next three years.

Increasing coverage across Australia In addition to extending mobile coverage through the rollout of new base stations, we have worked

on new and innovate ways to stretch and improve mobile coverage in remote areas. Some of the ways we have done this include:

> High powered Boomer Cells with extended range features that provide more coverage from towers located on high ground Low cost signal repeaters such as our Telstra Mobile Smart Antenna which boost signal into homes and buildings

> New 4G Small Cells that provide localised 4G coverage in selected small townships

- "Blue tick" phones designed for improved reception in rural areas > Next generation solar power mobile sites that allow installations where power is not available > Our Satellite backhauled micro-cell that can be broken down into a few carry-bags for

helicopter transport to the most remote of locations during emergencies > Additional infromation on how to maximise your coverage is available here:

https://www.telstra.com.au/coverage-networks/ou r-coverage#maxim isecoverage

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2 Site Selection Process 2.1 Purpose and Demand

As a result of a number of natural disasters in recent times and Australia's increasing reliance on mobile phones, Governments at all levels are supporting increased access to telecommunications services in regional communities;

Inadequate mobile phone coverage is a significant issue for many Australians, particularly those living, working and travelling in regional Australia. The 2011-12 Regional Telecommunications Review identified a Jack of adequate mobile voice and broadband coverage as a major concern to regional communities.

MOBILE BLACKSPOT PROGRAMME GUIDELINES VERSION 1.1, AUSTRALIAN GOVERNMENT DEPARTMENT OF COMMUNICATIONS DEC 2014

The Mobile Black Spot Programme will improve mobile phone coverage and competition in regional and remote Australia, including along major transport routes, in small communities and in locations prone to experiencing natural disasters

The Guidelines aim to ensure the Programme is delivered as efficiently and effectively as possible, and achieve maximum value for money

MOBILE BLACK SPOT PROGRAMME DISCUSSION PAPER, AUSTRALIAN GOVERNMENT DEPARTMENT OF COMMUNICATIONS DEC 2013

In its submission to the Mobile Blackspot Programme Discussion Paper, the Victorian Government identifies public safety and economic development as key drivers for the installation of new telecommunications facilities in regional areas;

The critical drivers for improved mobile coverage ought to be better public safety and economic development through digital communications, meaning a focus on disaster-prone area coverage, busy transport corridors and populated blackspots,

MOBILE BLACK SPOT PROGRAMME DISCUSSION PAPER, AUSTRALIAN GOVERNMENT DEPARTMENT OF COMMUNICA TIONS DEC 2013

In June 2014, Dr Neil Shaw representing the Sandy Point Community Group Incorporated, submitted an application via the governments' discussion paper highlighting Sandy Point as a priority location of the provision of Telecommunications services. Dr Shaw based this application on the findings of the 2009 Victorian Bushfires Royal Commission Final Report (VBRC) and community feedback. Dr Shaw

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highlighted that Sandy Point was amongst one o f the 52 most high risk fire areas in Victoria according

to the 2009 Victorian Bushfires Royal Commission Final Report (VBRC) and that the Sandy Point Community Group had previously highlighted coverage concerns to the South Gippsland Shire, Russell Broadbent, Federal MP and the CFA Head Office;

Mobile phone and internet Connections are normally poor and in some locations non-existent, but during times o f high influx o f visitors and holiday makers the connections ore virtually impossible.

Low signal strength is not the only issue, i t appears that the capacity or bandwidth

cannot cope with the huge amount o f traffic.

Consequently there are serious concerns and deep emotional issues among both local residents and visitors to our area. People are most upset and our tolerance of the situation is boiling over.

The main business in Sandy Point is holiday accommodation. We have a magnificent beach called Waratah Bay and a fabulous environment which is promoted by authorities like "Tourism Victoria". However when visitors come to

our area they complain bitterly about such poor communications.

MOBILE BLACK SPOT PROGRAMME DiscussioN PAPER, AUSTRALIAN GOVERNMENT DEPARTMENT OF

COMMUNICATIONS, JUNE 2014

Additionally, RusseLl Broadbent, Federal MP for McMillan and State MP Harriet Shing have also been

active in lobbying for investment for new or improved mobile coverage in the region;

The electorate had 163 black spots nominated by local residents to be eligible for new or improved mobile coverage under the Mobile Block Spot Program, and today's announcement will see 119 of those mobile block spots receive coverage.

For many local communities, this will be welcome news that helps to alleviate those legitimate safety fears felt by some residents.

RUSSELL BROADBENT, FEDERAL MP FOR MCMILLAN, JUNE 2015

South Gippsland Shire councillor Nigel Hutchinson-Brooks said the funding announcement in June 2015 was a win for the community, its businesses, and its safety.

As the council's representative o f Municipal Emergency Management Planning Committee, he said it

was crucial that mobile phone reception was improved.

He said bushfire response and information management demanded adequate mobile reception, particularly in areas at risk including South Gippsland's busy coastal towns.

HTTP ://SGST.COM .AU/2015/06/ WELCOME-To-THE-21ST-CENTU RY/

Telstra is aware o f t h e Sandy Point commun i t y ' s requests f o r m o r e rel iable mob i le communications.

A f t e r t w o years o f campaigning f o r black spot funding, Telstra Gippsland area general manager Loretta

Willaton said remote communities o f small populations would benefit;

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Teistra Country Wide Area General Manager far Gipps/and, Loretta Willaton said people and business are now relying on mobile connectivity more than ever.

"We are acutely aware of the challenges facing communities living with limited access to a mobile network.

"That is why we are excited to play an Important role in delivering mobile coverage to a large number of regional communities as part of the Federal Government's Mobile Black Spot Program."

http.-Ilsqst.com.oul2ol5lO6lwelcome-to-the-21st-centuryI

South Gippsland Shire will see 11 upgrades to service, including two sites approved in Sandy Point and Waratah Bay.

Teistra, along with the State and Federal Governments, is committed to installing a telecommunications facility in Sandy Point to address the existing coverage deficiency.

The rapid increases in technology, and subsequently in smartphone subscribers and concurrent increase in mobile data usage across Australia has driven Teistra to provide the best possible technologies to meet customers demand.

Interestingly, the ACMA Communications report 2013-14, published in December 2014 identifies the following key trends;

While communications connectivity levels are stabilising in both the fixed and mobile markets, Australians' appetite for data and content is ever-increasing. This is evidenced in the communications report by growth in the intensity of online participation, data consumption, e-commerce activities and the streaming of content. In particular, Australians are continuing to increase their consumption of content, with huge growth in the volume of data being downloaded. More Australians are streaming video services directly using cloud-based applications, with volumes streamed now surpassing video content downloaded to devices.

While mobile service numbers remain steady, Australians are adopting higher bandwidth mobile services to support data downloads. Existing mobile phone handsets are increasingly being replaced with smortphones, with 12.07 million people using a smartphone at May 2014, on increase of eight per cent since 2013. Relatedly, this has led to an increase in mobile phone handset internet subscribers—up by five per cent in the 12 months to June 2014 to reach 20.57 million subscribers.

SOURCE ACMA COMMUNICATIONS REPORT 2013-14

Teistra's response to these trends in data and content consumption is 4GX.

What is 4GX? When analogue television was switched off in Australia, the spectrum it was running on - 700MHz - became available. Telstra took up twice as much of this superior spectrum as any other carrier to deliver 4GX.

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Better in the bush —4GX uses superior 700MHz spectrum that can go further than existing 4G frequencies, creating extra 4G coverage in rural and regional areas.

More for metro - 4GX offers extra 4G in-building coverage and faster 4G in-building speeds compared to Telstra's regular 4G, bringing speedy web access when you use a compatible device in a 4GX area

In light o f the recent trends o f Australians' increasing appetite for data and content, Teistra has designed the proposed telecommunications facility in Sandy Point to provide the township with access to its new 4GX technology. This 4G service brings higher speeds and extra 4G coverage to a range of

communities across the nation. 4GX will include services provided over Telstra's new 700MHz

spectrum and deliver higher typical mobile speeds on compatible devices, allowing more Australians

to experience more reliable connections and ultra-fast mobile internet.

The proposal will ensure that customers in Sandy Point and its surrounds will have access to the best possible mobile phone and mobile broadband service.

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2.2 Mobile Telecommunications Networks

Base Stations are located in a patchwork o f cells across the metropolitan and regional areas of Australia. They are located close t o mobile phone users to ensure that users can rely on high quality, continuous coverage. The number o f base stations required to provide network coverage to an area is greatly affected by the number o f users in that area and other facts such as local terrain and obstructions,

Base stations can be found in just about every urban setting. They are located on apartment buildings, commercial buildings and industrial estates, on existing utility structures such as light poles and high voltage electricity towers, on hospitals, university campuses, shopping centres and corner stores, at clubs and sports complexes, and in local parks.

In dense urban areas such as a city central business district, small micro-cell antennas can be located only hundreds o f metres apart to ensure that there is enough network capacity to cater for the large

number o f people making calls on their mobiles at any one time. In suburban settings, antennas are typically several kilometres apart, and in regional areas they can be as much as 30 kilometres apart.

Some commercial buildings such as shopping centres and office blocks are also fitted with small "in- building" base stations that provide coverage to that building specifically.

Telstra tries hard to strike a balance between providing reliable, continuous coverage for services that

we know people use every day and finding suitable locations for our infrastructure. While Telstra always endeavors to minimise the impact and disturbance of our infrastructure on the local

community by co-locating antennas on existing telecommunications poles or placing infrastructure in industrial or built-up commercial areas wherever possible, it is sometimes impossible to avoid residential areas.

Each base station transmits and receives signals to and from mobile devices in the area. As the mobile device user moves around, their device will communicate with the nearest base station/ facility to them at all times. If they cannot pick up a signal, or the nearest base station is congested (already handling the maximum number o f phone calls or maximum level o f data usage) the user may not be able to place a call, experience a call "drop out" or a slowing data rate while attempting to download

content.

There are three main factors that can cause the above. Firstly, you may be too far away from a facility

t o receive a signal, or there may be objects blocking the signal from the nearest facility; such as, hills, large trees or even trees. To ensure optimum service the radio signals transmitted between the facility

antennas and mobile devices need to be unimpeded, maintaining a "line-of-sight" between them. Secondly, the facility may be handling as much data download and calls as it can handle - call drop-

outs and slower data rates can occur when too many users are connected to a facility at once. Thirdly,

the depth o f coverage (which affects the ability to make calls inside buildings), may be insufficient in

some local areas.

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FIGURE 1 SOURCE: http://www.emfexplained.info

2.3 Site Selection

Telstra commences the site selection process with a search of potential sites that meet the network's technical requirements, with a view to also having the least possible impact on the surrounding area. Telstra applies and evaluates a range of criteria as part of this site selection process.

Telstra assesses the technical viability of potential sites through the use of computer modelling tools that produce predictions of the coverage that may be expected from these sites, as well as from the experience and knowledge of the radio engineers. There are also a number of other important criteria that Telstra uses to assess options and select sites that may be suitable for a proposed new facility. These take into account factors other than the technical perfromance of the site, and include:

v The potential to co-locate on an existing telecommunications facility. > The potential to locate on an existing building or structure

Visual impact and the potential to obtain relevant town planning approvals. Proximity to community sensitive locations and areas of environmental heritage. The potential to obtain tenure at the site. The cost of developing the site and the provision of utilities (power, access to the facility and transmission links).

In addition to the above criteria, Telstra is also contracted to meet objectives of the Mobile Black Spot Programme. The parameters for the Programme were set by the Federal Government. A number of factors determined which areas received funding, including the lack of outdoor coverage and the number of people who would benefit from a new facility. In the Mobile Black Spot Programme Discussion, Australian Government Department of Communications 2013, it states that;

"The Mobile Black Spot Programme will improve mobile phone coverage and competition in regional and remote Australia, including along major transport routes, in small communities and in locations prone to experiencing natural

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disasters. The Guidelines aim to ensure the Programme is delivered as efficiently and effectively as possible, and achieve maximum value f o r money."

In deciding upon the location o f a new facility for Sandy Point, Telstra has carefully assessed all o f the

above criteria. This analysis is detailed in the next section.

2.3.1 Co-location Opportunities

As noted above co-location on existing infrastructure and the upgrading o f existing telecommunications facilities are the first option Telstra examine when new infrastructure is required.

This focus on the utilisation o f existing infrastructure is considered prudent by Telstra as it is faster to deliver improvements, is less expensive, reduces possible impacts on the community and meets the

principles for the location o f new infrastructure as set out in 'A Code o f Practice for

Telecommunications Facilities in Victoria'.

With regard to co-location opportunities in the vicinity o f the current proposal Telstra have examined

the other existing telecommunications facilities in the surrounding area (including those of other

carriers) and other public utilities to assess if the technical requirements for a new site can be met in this fashion.

Figure 2 shows the location o f the proposed facility in blue. There is no other surrounding

communications infrastructure within 7km o f the site, which is too far from the target area t o provide

adequate coverage.

The existing Telstra Exchange within the Sandy Point Township offers Telstra an option to co-locate

the facility with its existing infrastructure. This location was also identified by the Federal

Governments Black Spot Project as a location that would meet the project coverage objectives, and

also offer a candidate that would be cost effective and efficient to deploy, ensuring maximum value for money; which in turn allows the project to deliver more sites to more communities.

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Site Coordinates D . t j m 0 0 8 9 4 Latitude -3861335 t.ongkude 14610196 Googie Elevation 8.2m 0 TUA rating. Z , n , l 55 E a i g ' 422033 N t h l n g SIt . : 3959004

I i S S U U b • L.)Stow i Nearby Sites mule I G o o g l e E a r t h F l e I i S o I l Z o o m 285 aralafl Road SANDY POINT VIC 3959

9 (7.03km)

9 Y 2 m k e No. 2746 Meenlyan-Proinoi*Xy Road FISH CREEK VIC 3959

Points 01 I n t . i U t 101 v s C.

S1iu 9 (9.99km) - - S I u s Nezrby Yanakie

35 Shetoott Rd YAMAKIE VIC 3960 S1io A,vc0

S , . l v P0.01

W.Iko.II

C.p,L.or'aS P.0k

w.v... + f0rno.1fOry

I _ , o ale 6Go0W. . _ . . . . J T 0 0 0 s 0 1 U s 0 RDo00.s0.0.?

t 5 d . 3959004

?Movable Site

914eart)y Sit . -iS1ructure

POI ' P 0 1 (RF New Field Assessment) Movable POI • N e b y E l . POI Aldssed P01

FIGURE 2 SOURCE: RFNSA, www.rfnsa.com.au

2.3.2 Alternative Candidates

Candidate A, Existing Telstra Exchange, 285 Waratah Road, Sandy Point Located in a Farm Zone and subject to an Environmental Significance Overlays 3 & 5 (Coastal Settlements & Areas Susceptible to Erosion), and Significant Landscape Overlay 3 (Corner Inlet Amphitheatre), this site was selected as the most appropriate candidate. A slimline 40m monopole

can be implemented in this location and still achieve the required coverage objectives. The design and siting of the facility within the existing Telstra Exchange, and adjacent to other tall vertical landscape elements such as a wind mill and overhead power line will have acceptable visual impacts on its surrounds, without impacting on the highly valued cultural and environmental character of the area. In addition, the cost effective and efficient deployment of a facility co-located with existing Telstra infrastructure meets the Black Spot Programme parameters to ensuring maximum value for money; which in turn allows the project to deliver more sites to more communities.

Candidate B, 82 Sandy Point Road, Sandy Point. Located in a Farm Zone and subject to an Environmental Significance Overlay 3 (Coastal Settlements), and Significant Landscape Overlay 3 (Corner Inlet Amphitheatre), this site, a commercial nursery, would also accommodate a slim line 40 metre monopole. There is some fence line vegetation that would assist in partial screening of the facility, however the site is located within the Sandy Point Township with a number of dwellings orientated to the north with direct views to the proposed site. This candidate would require a new lease, underground trenching for power and fibre and a new access track. This was considered inferior to candidate A, which already has established services and is solely owned by Telstra.

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FIGURE 3 CANDIDATE A, TELSTRA EXCHANGE, 285 WARATAH ROAD, SANDY POINT

FIGURE 4 CANDIDATE B, 82 SANDY POINT ROAD, SANDY POINT

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Summary Telstra has submitted this application for anew telecommunications facility in Sandy Point in order to provide essential coverage in the township and along its approach roads to improve mobile communications performance across the region.

Telstra does not propose the installation of a new telecommunications facility without investigating the potential for co-location on existing infrastructure. As there is no viable existing infrastructure within Sandy Point to achieve a co-location, a new structure is required. In this case, Telstra concluded that a new facility at the existing Telstra Exchange at 285 Waratah Road would be the most appropriate option to pursue when all factors including; the Black Spot Programme parameters; radio design, site construction and planning environmental issues were considered.

Whilst a new structure is required to accommodate the antennas, the proposal can capitalise on the existence of Telstra's existing infrastructure at the exchange and avoid the need for a new equipment shelter at the site.

The site is accessible, technically viable and will result in an acceptable impact on the amenity of the area, whilst also providing possible co-location opportunities for other carriers in the future.

The site selection process considered environmental and visual constraints, existing and future land

use characteristics, the orderly planning of the area and the design of the facility. On balance, it is considered that the location and height of the facility ensures optimal service provision to the area.

3 Proposed Development The proposed development 285 Waratah Road, Sandy Point comprises the following:

> The construction of a new 40 metre high monopole. > The attachment to the top of the pole of a triangular headframe accommodating six (6)

RVVPX31OB2 Panel antennas, six (6) remote radio units, and six (6) twin tower mast amplifiers strapped to antennas mounts behind the antennas. Reuse of the existing Telstra equipment shelter, used to house electrical equipment associated with the facility.

> Ancillary items including feeders will run vertically inside the monopole from the antennas to the equipment shelter.

> A 600mm cable tray from the monopole to the shelter. > One GPS antenna to be installed on the equipment shelter next to the feeder window.

Existing Telstra Fibre Transmission and Power will utilised. è Access via the existing access track. > All equipment will be located within the existing fenced Telstra compound.

Refer to Plans attached at Appendix B.

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\ INTEGRATED SERVICES CA 4 Subject Site and Locality 4.1 The Locality

The subject site is located approximately 1.7km west of Sandy Point and 4.8km east of Waratah Bay. Sandy Point is a sea-side town with about 640 houses but a permanent population of only about 200 people. About 40% are retired people and the remainder are a mix of professionals and tradespeople who commute to nearby towns like Foster.

The majority of houses are used as holiday accommodation with the township population growing to several thousand during holiday periods. Throughout the year there is a steady flow of visitors who rent many of the beach houses and visit nearby Wilsons Prom tourist attraction.

The region contains some of Victoria's most significant coastal areas including Wilsons Promontory, Corner Inlet, Waratah Bay. They are important for their environmental, economic, recreational, cultural, heritage values and rugged appeal.

Mount Hoddle and the Welshpool Hills are prominent landforms that provide an amphitheatre setting for Corner Inlet and Wilsons Promontory, with the entire landscape unit being of regional significance.

The area is also of high environmental significance. The wetland of Corner Inlet is protected by the RAMSAR Convention and is considered as a bird habitat of international importance. Aboriginal middens are plentiful along the shores of Corner Inlet, adding cultural heritage to the landscape's layers of significance.

The subject site is not within the RAMSAR boundary, but is included in the Shire's Significant Overlay 3 which aims to protect high environmental significant of the region. There is one threatened ecological community and a number of threatened species including migratory species.

Land surrounding the site is cleared and used for rural grazing purposes. Waratah Road is the only

access road into and out of Sandy Creek, increasing the risk to the community during times of fire.

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FIGURE 5 AERIAL VIEW OF SANDY POINT; *DEPICTING SITE, SOURCE EIS Nov 2015

FIGURE 6, THE EXISTING TELSIRA EXCHANGE AND BROADER LANDSCAPE, SOURCE EIS Nov 2015.

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4.2 The Site

The subject site is legally described as Lot 1 on Title Plan 017810G, Volume 10564, Folio 333. The site, being the existing Telstra Exchange, is irregular in shape and has a frontage to Waratah Road of 20.12m.

The site is owned by Telstra Corporation Ltd and the compound is currently a fenced area of approximately 262.5 square metres; 15 metres on its east and west boundaries, 15m on the northern boundary and 20m on the southern boundary.

The site is accessed by an existing gravel access track off Waratah Road, and is contained within a chain and mesh fenced compound. It currently houses a red brick Telstra Exchange building sited on the west boundary. The remainder of the site is cleared with no vegetation and a number of underground services such as power and fibre transmission and their associated pits.

An overhead HV mains powerline set back approximately 50m form the site runs east west on the adjacent rural properties, generally following the pattern of Waratah Road. A power pole is located approximately 50m north east from the site with underground mains to the existing Telstra Exchange.

Waratah Road is the only access road to Sandy Point form the west. It is flanked by roadside vegetation of approximately 4-5m in height in the road reserves, which form a visual screen to the adjoining rural properties as vehicles travel along the road.

The site is located at the southern entrance to the township on the main road. Large areas of roadside and private vegetation exist on this approach road, providing good screening to the proposed facility in this location.

All surrounding land to the north, east, south and west is rural and predominantly cleared and used for grazing. A dam, shed and windmill are located approximately 60m north east from the site.

Refer to photos below

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FIGURE 7, RURAL & I ANDSCAPE VIEW EAST FROM SITE, SOURCE EIS NOVEMBER 2015.

FIGURE 8 RURAL AND LANDSCAPE VIEW WEST FROM SITE, SOURCE EIS, NOvEMBER2015

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FIGURE 9 INTERNAL VIEW NORTH EAST FROM SITE WITH POWER POLE AND WINDMILL, EIS NOVEMBER2015

FIGURE 1 0 INTERNAL VIEW SOUTH FROM SITE, SOURCE EIS Nov 2015

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FIGURE 11 INTERNAL VIEW SOUTH EAST FROM SITE, SOURCE EIS Nov 2015

FIGURE 12 INTERNAL VIEW NORTH FROM SITE, SOURCE, EIS, Nov 2015

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FIGURE 13 INTERNAL VIEW NORTH WEST FROM SITE, SOURCE EIS Nov 2015

FIGURE 14 EXISTING ACCESS TRACK AND FENCED COMPOUND, SOURCE EIS Nov 2015

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*iJcL.Jiri1

FIGURE 15 EX11NG POWER POLE WITH UNDERGROUND MAINS FROM POLE TO SITE, SOURCE EIS Nov 2015

FIGURE 16 WARATAH ROAD NORTH WEST VIEW FROM SITE, SOURCE EIS Nov 2015

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FIGURE 17 WARATAH ROAD, SOUTH EAST VIEW FROM SITE, SOURCE EIS Nov 2015

FIGURE 18 WARATAH RD, VIEW NORTH WEST TO SITE, SOURCE EIS Nov 2015

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FIGURE 1 9 INTERSECTION AT TELOPEA DRIVE AND WARATAH ROAD- ENTRY TO SANDY POINT, VIEW APPROXIMATELY

1 .5KM NORTH WEST TO SITE, SOURCE EIS Nov 2015

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5 Regulatory Framework & Assessment

5.1 Federal Legislation

5,1.1 Telecommunications Act 1997

The Telecommunications Act 1997 (the Act) came into operation on 11t July 1997. The Act provides a system for regulating telecommunications and the activities o f carriers and service providers.

Under the Act, telecommunications carriers are no longer exempt from State and Territory planning laws except in three limited instances:

There are exemptions for inspection o f land, maintenance of facilities, installation of "low

impact facilities", subscriber connections and temporary defence facilities. These exemptions

are detailed in the Telecommunications (Low-impact Facilities) Determination 1997 (as amended) and these exceptions are subject to the Telecommunications Code o f Practice 1997; A limited case-by-case appeals process exists to cover installation o f facilities in situations of national significance; and There are some specific powers and immunities from the previous Telecommunications Act 1991.

5.1.2 Telecommunications (Low Impact Facilities Determination 1997 (as amended)

The Telecommunications (Low-impact Facilities) Determination came into effect on l July 1997 and the Amendment to the Determination (No.1 of 2012) came into effect on 2 3 rd November 2013.

The Determination contains a list o f Telecommunications Facilities that the Commonwealth will

continue to regulate. These are facilities that are essential to maintaining telecommunications networks and are unlikely to cause significant community disruption during their installation or operation. These facilities are therefore considered to be 'Low-impact' and do not require planning approval under State or territory laws.

5.1.3 Commonwealth Environment Protection and Biodiversity Conservation A c t 1999

The Environment Protection and Biodiversity Conservation Act commenced on 16th July 2000. It introduces a new role fo r the Commonwealth Government in the assessment and approval of

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development proposals where those proposals involve actions that have a significant impact on matters of National Environmental Significance, the environment of Commonwealth owned land and actions carried out by the Commonwealth Government.

This proposal is not of National Environmental Significance, as it will not impact on:

- World Heritage Areas;

> Wetlands protected by International Treaty (The RAMSAR Convention);

> Nationally listed threatened species and communities; Nationally listed migratory species;

w All nuclear actions; or r The environment of Commonwealth Marine area.

The site is within 10km of the RAMSAR protected Wetland of Corner Inlet. The subject site is not within the RAMSAR boundary, but is included in the Shire's Significant Overlay 3 which aims to protect high environmental significant of the region. The proposal has been assessed against the decision guidelines of this overlay in section 5.4.3. There is one threatened ecological community and a number of threatened species including migratory species. The proposal will not impact on these listed items as it is contained solely within the existing Teistra compound on cleared land and does not require any underground works or vegetation removal. Additionally all feeder and access points on the structure will be bird proofed.

Refer to EPBC Act Protected Matters Report at Appendix E.

5.1.4 Mobile Base Station Deployment Industry Code

The new Communications Alliance Ltd. C564:2011 Industry Code - Mobile Phone Base Station Deployment (referred to as the Deployment Code) replaced the Australian Communications Industry Forum (ACIF) 'Industry Code - Deployment of Mobile Phone Network Infrastructure' (more commonly referred to as the ACIF Code) in July 2012. The purpose of the revisions incorporated in the new Deployment Code are to provide certainty and clarity for all parties in the implementation of the Code, for example, with regard to the consultation process with Council's and communities and with regard to providing and updating RE EMR Health and Safety information, reports and signage in keeping with relevant standards.

Similarto the ACIF Code, the new Deployment Code cannot change the existing regulatory regime for telecommunications at local, State or Federal level. However, it supplements the existing obligations on carriers, particularly in relation to community consultation and the consideration of exposure to radio signals, sometimes known as electromagnetic energy (EME or EMR),

The Code imposes mandatory levels of notification and community consultation for sites complying with the Telecommunications (Low-impact Facilities) Determination 1997. It identifies varying levels of notification and/or consultation depending on the type and location of the infrastructure proposed.

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The subject proposal, not being designated a 'Low-impact' facility, is not subject to the notification or consultation requirements associated with the Deployment Code. These processes are handled within the relevant State and Local consent procedures.

Nevertheless the intent of the Code, to ensure Carriers follow a 'precautionary approach' to the siting of infrastructure away from sensitive land uses, has been followed in the selection of this site as demonstrated in the Deployment Code section 4.1 Precautionary Approach Checklist which is attached at Appendix D.

Included in the section 4.1 Checklist is a statement of how the public's exposure to EME from the site has been minimised. All emissions from the site will be well within the requirements of the relevant Australian Standard. Details of this standard are contained in the following section.

Also attached at Appendix D is the Deployment Code section 4.2 Precautionary Approach Checklist which demonstrates how the proposal has been designed in accordance with the Code's 'precautionary approach'.

This site has been selected and designed to comply with the requirements of the Deployment Code in so much as the precautionary approach has been adhered to and, as a result the best design solution has been achieved.

5.1.5 Electromagnetic Energy and Health

Radio communications are a part of everyday life in today's society. All radio communications systems utilise EMF in the radiofrequency (RF) part of the electromagnetic spectrum.

Typical systems include TV, AM & FM radio broadcasting, mobile phones and their base stations, wireless broadband, paging services, cordless phones, baby monitors, emergency services (police, fire, ambulance), and rural / country communications.

There has been a lot of research conducted worldwide to investigate possible health effects of radio communications and wireless technology.

In relation to radio frequency emissions and wireless technology and health, the general conclusion from the World Health Organization (WHO) is;

"Despite extensive research, to date there is no evidence to conclude that exposure to low level electromagnetic fields is harmful to human health"

This picture shows the typical power of the radio services in the community when transmitting.

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RAthO COMMUNICATIONS IN THE COMMUNITY

TV A RADIO BROADCAST M - . 000 WA7T

2-WAyI0 BASES ,IAD

FIGURE 20, SOURCE: HTTP://WWW.EMFEXPLAINED.INFO

In Australia mobile network communications are regulated by the Australian Communications and Media Authority (ACMA). For the safety standards for mobile communications and other radiofrequency signal transmissions, ACMA takes advice from the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).

Safety standards are based on careful analysis of the scientific literature (both thermal and non- thermal effects) and are designed to offer protection against identified health effects of EME with a large in-built safety margin.

Since 2002 Australia's safety standard has been based on the safety standard recommended by the World Health Organization (WHO).

The standard, known as the 'Radiocommunications (Electromagnetic Radiation - Human Exposure) Standard 2003', was prepared by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). A detailed review of this Standard has just been completed by ARPANSA in April 2014 and the suitability of the existing standard has been reaffirmed.

Radiofrequency transmitters, including mobile network base stations and commercial radio and TV broadcast towers, are regulated for their environmental EME levels. Specifically, regulations are in place to limit the strength or level of the radiofrequency signals in the environment from all radio transmitters including Teistra's mobile network base stations. They are not based on distance, or creating "exclusion zones" for residential or other sensitive areas.

That is why from a public health perspective telecommunications facilities are permissible in any environment, including on apartment buildings and hospitals, and even within schools grounds.

The safety standard limits the network signal strength to a level low enough to protect all people, in all environments, 24-hours a day. The safety limit itself, recommended by the WHO, has a significant safety margin, or precautionary approach built into it.

Furthermore Teistra's mobile phone base stations are designed to operate at the lowest possible power level to accommodate only the number of customers using the facility at any one time. This design function is called "adaptive power control" and ensures that the base station operates at minimum power levels at all times.

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Telstra and all other mobile network carriers in Australia must demonstrate that they comply with national RE EME safety limits when proposing a new base station.

In order for mobile phone carriers to demonstrate compliance with the ACMA standard, ARPANSA created a prediction report using a standard methodology to analyse the maximum potential impact of any new telecommunications facility. Carriers are obliged to undertake this analysis for each new facility and make it publicly available.

Using the ARPANSA standard methodology, Telstra has undertaken a compliance report that predicts the maximum levels of radiofrequency EME the proposed facility. The maximum environmental [ME level from the site, once it is operational, is substantially within the allowable limit under the ACMA mandated standard.

At all times in design and operation of their facilities, Telstra complies with Commonwealth regulations and standards and leads the telecommunications industry in terms of using the latest available technology specifications in order to provide the best possible customer service and to minimise environmental and community impacts.

A copy of the EME Report is attached at Appendix C

5.2 Requirement for a Planning Permit

Permit Trigger

Clause 52.19 -2 of the South Gippsland Planning Scheme is the permit trigger for this application. It states:

"A permit is required to construct a building or construct or carry out works for a Telecommunications Facility"

A recent VCAT case confirmed Telstra's position that a permit is required for buildings and works but not for Use. Clause 62.01 provides that a requirement for Use is exempt for a Telecommunications Facility if the associated buildings and works meet the requirements of Clause 52.19.

SOURCE, VCAT REFERENCE NUMBER P2412014 Clause 52.19-2 requires a planning permit to construct a building or to construct or carry out works for a telecommuni.ations facility and the decision guidelines at Clause 52.19-6 require consideration of the principles in Section 4 of A Code of Practice for Telecommunications Facilities in Victoria, the effect on adjacent land, and where applicable, consideration against the decision guidelines of certain overlays (including Environmental Significance Overlay) and their schedules.

Therefore, there is no permit trigger under the zone or overlays that cover the site with respect to either use of the land or buildings and works for a telecommunications facility. However, in this instance the decision guidelines of the Environmental Significance Overlay - Schedule 3 and 5 and the Significant Landscape Overlay 3 will need to be considered.

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5.3 State Legislation

5.2.1 Victorian Aboriginal Heritage Act 2006

The Aboriginal Heritage Act 2006 and Aboriginal Heritage Regulations 2007 (Vic) provide for the protection of Aboriginal cultural heritage in Victoria. Aboriginal heritage is defined in the Act as "Aboriginal places, Aboriginal objects and Aboriginal human remains".

The regulations are intended to provide for the effective protection and management of Aboriginal Cultural Heritage in Victoria by, amongst other things, specifying the circumstances in which a cultural heritage management plan (CHMP) is required and prescribing standards for the preparation of CHMPs.

Under the regulations, Telecommunications Facilities are not considered "High Impact" activities (Division 5, regulation 43) and therefore are exempt from the requirement to undertake a mandatory CHMP. In certain situations, the underground power and fibre line associated with the facility may not be exempt from the requirement to undertake a CHMP. The Act requires that underground lines located within an area of cultural sensitivity not subject to significant ground disturbance require a CHMP for a power line over lOOm in length or a fibre line over 500m in length.

As part of the site acquisition process, Telstra assesses each Site against the Cultural Heritage Sensitivity Maps provided by the Department of State Development, Business and Innovation; Geovic. This website provides indicative information about the location and extent of areas of Aboriginal cultural heritage sensitivity. Areas of cultural heritage sensitivity shown on this mapping are based on the provisions in Part 2, Division 3 of the Regulations and for the most part indicate locations where Aboriginal activity may have occurred in the past; e.g. within 200m of a waterway, and in some cases registered Aboriginal heritage places; e.g. within 50m of scarred trees or within 50m of where stone artefacts have actually been found. However, it should be noted that the Regulations state that where

any such land has been subject to 'significant ground disturbance' then it is not an area of cultural heritage sensitivity.

If a site is in an area of aboriginal cultural sensitivity then Teistra will undertake a register check with AAV and consider further investigations to limit any impacts on any known or unknown heritage.

As shown in the Cultural Heritage Sensitivity Maps the facility is within an Area of Cultural Sensitivity,

as defined by the Act. However, as the proposal utilises existing underground power and fibre routes, it is not considered a high impact activity as defined above, and therefore there is no trigger for a CHMP.

Refer to Appendix F for Cultural Heritage Sensitivity Maps.

5.2.1 State Planning Policy Framework

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State Planning Policy Framework (SPPF) sets out the specific policies relating the environmental, social and economic factors. The section of the SPPF most relevant to this proposal is Clause 19.03-4 - Telecommunications. The objective of this is:

"To facilitate the orderly development, extension and maintenance of telecommunications infrastructure."

Planning decisions should recognise that telecommunications are an essential utility service and should:

. Facilitate the upgrading and maintenance of telecommunication facilities.

r Ensure that modern telecommunications facilities are widely accessible to business, industry and the community.

> Ensure the communications technology needs of business, domestic, entertainment and community services are met.

' Do not prohibit the use of land for a telecommunications facility in any zone. ' Encourage the continued deployment of broadband telecommunications services that are

easily accessible by: > increasing and improving access for all sectors of the community to the broadband

telecommunications trunk network.

r Supporting access to transport and other public corridors for the deployment of broadband networks in order to encourage infrastructure investment and reduce investor risk.

Apart from Clause 19.03-4, there is little specific reference to telecommunications infrastructure provision throughout the SPPF, however, it is clear through Clauses 12, 13, 15 and 17 in particular that the emphasis is placed on the balance between providing modern infrastructure to foster community connectivity, the efficient operation of existing business and attraction of new business, for example, against minimising any environmental impacts on such things as the landscape, water resources and cultural and built heritage.

In general, when considering proposals for telecommunications facilities against the SPPF, the responsible authority must seek a balance between the provision of important telecommunications services and the need to protect the environment from possible adverse impacts (e.g. visual intrusion) arising from telecommunications infrastructure. There is strong State policy support for improved telecommunications facilities if, when balancing improved telecommunications services with environmental impacts; including for example, visual impact and flood or fire hazard, a particular proposal provides a net community benefit.

5.4 South Gippsland Shire Planning Scheme 5.4.1 Municipal Strategic Statement

Whilst the South Gippland MSS and Local Policies are largely silent on telecommunications facilities there are a number of provisions that apply to the land and the broader region to be considered.

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The site is identified in South Gippsland Framework Plan as being in an area of high quality agricultural soils which should be protected and promote sustainable agricultural practises. The proposal will not impact on agricultural land is it is contained within the existing Teistra owned Exchange land parcel.

Sandy Point is identified as a coastal holiday hamlet that support small permanent populations. The proposal aims to address the current coverage deficiency in Sandy Point, and particularly to increase capacity and in the months where there is a high influx of tourists and in times of emergency such as bus hfires.

The policy objectives of 21.06-2 Coastal and Hinterland Landscapes, relevant to the proposal aim to:

> To ensure that coastal development between settlements responds appropriately to the landscape setting and character.

> To ensure that hinterland development between settlements responds appropriately to the landscape setting and character. To maintain locally significant views and vistas that contribute to the character of the coastal and coastal hinterland region. To ensure that development is subordinate to the natural, visual and environmental landscape character and significance.

The policy objectives 21.08-1 Agriculture aim to:

- To maintain a viable and sustainable agricultural industry as the corner stone to the Shire's economy and its future wellbeing.

The policy objectives of 21.11-4 Tourism relevant to the proposal aim to:

.- To encourage a diverse range of tourism opportunities.

Relevant Local Planning Policies recognise the importance of the landscape surrounding Corner Inlet and aim to ensure development does not detract from the scenic qualities of the area. The Local Policies also aim to improve service provision to small towns and to maintain the agricultural productivity of the region.

It is considered the proposed Telecommunications facility will improve the services to the local community, and tourists and will not impact on agricultural use of the land. The telecommunications facility has been sited to minimise its impact on significant landscape features such as Wilsons Promontory, Mt Hoddle and the Welshpool Hills. It is sited with existing Telstra infrastructure and adjacent to an overhead powerline. Mobile communications are increasingly being seen as an essential service, and the provision of relation mobile telecommunications to Sandy Point supports the Shire's strategic statements in relation to growth, community benefit and tourism. It will support the region's economic activities including tourism and rural industries, and will provide access to reliable coverage during times of emergency.

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5.4.2 Zoning

The subject site is within the Farm Zone (FZ), the use is within Section 1 of the table at Clause 35.07-1 of the South Gippsland Planning Scheme.

Under Clause's 62.01-1 and 62.02-1 any requirement in the Planning Scheme relating to the use of land or buildings and works does not apply to a telecommunications facility on the condition that the associated buildings and works meet the requirements of Clause 52.19.

Clause 52.19-2 requires a permit to construct a building or construct or carry out works for a telecommunications facility. There is no permit trigger for either use or buildings and works for a telecommunications facility under the zone.

FIGURE 2 1 ZONING MAP, SOURCE: PLANNING MAPS ONLINE, LAND. V!C.GOV.AU

5.4.3 Overlays

The proposed facility location is located within the Environmental Significance Overlay - Schedule 3 (ES03) and Schedule 5 (ES05), and the Significant Landscape Overlay- Schedule 3 (SL03).

Under Clause's 62,01-1 and 62.02-1 any requirement in the Planning Scheme relating to the use of land or buildings and works does not apply to a telecommunications facility on the condition that the associated buildings and works meet the requirements of Clause 52.19.

There is no permit trigger for buildings and works for a telecommunications facility under the Environmental Significance Overlay and the Significant Landscape Overlay.

Notwithstanding the above, the current proposal does need to be considered, where appropriate, against the decision guidelines of the Environmental Significance Overlay - Schedule 3 & 5 and the

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Significant Landscape Overlay- Schedule 3 in accordance with the Decision Guidelines at Clause 52.19- 6.

ES03 relates t o the Coastal Settlements, and in particular, Wilsons Promontory, Corner Inlet, Waratah Bay and Shallow Inlet.

. The environmental objective to be achieved for ES03 is;

r To protect and enhance the natural beauty o f the coastal area. > To protect and enhance the environmental quality o f the coastal area.

To minimise the risk o f erosion, pollution and destruction o f the environment through poorly managed development.

> To ensure that development adjacent to coastal areas is compatible with the environment and does not result in adverse impacts on coastal processes.

The proposal addresses the decision guidelines o f the Environmental Significance Overlay in that;

' The proposal does not alter the current use o f the land for telecommunications services and will therefore not impact on adjacent rural and coastal features and uses o f land.

. - No vegetation is proposed to be removed and does not require the disposal o f effluent waste. The proposal will not be detrimental to the natural environment, and will provide support to the community during times of fire.

The views o f the Department o f Environment Land Water and Planning will be considered.

ES05 relates to the Areas Susceptible to Erosion. The environmental objective to be achieved for ES05 is;

- To protect areas prone to erosion by minimising land disturbance and vegetation loss. > To prevent increased surface runoff or concentration o f surface water runoff leading to

erosion or siltation o f watercourse.

The proposal addresses the decision guidelines o f the ES05 in that;

' Grounds works are limited to the installation of a monopole. Existing fibre and power trenches will be utilised.

, The works are-not likely to cause erosion or landslip being on cleared flat land in the existing Telstra Exchange.

- The proposed access is existing and servicing the site will not cause erosion or landslip.

LS03 relates to the Corner Inlet Amphitheatre. The subject site is within the area known as the Corner Inlet Amphitheatre that is identified as a significant landscape in the South Gippsland Planning

Scheme. The relevant decision guidelines for Corner Inlet Amphitheatre are assessed below:

i - Whether buildings are sited and designed to maximise retention of existing vegetation throughout the landscape, and whether the proposal provides for the planting o f new indigenous coastal vegetation wherever possible.

The proposed facility does not require any vegetation removal and has been sited within an existing cleared section of the Teistra Exchange property.

Whether the proposed development is kept below the dominant tree canopy height.

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' Whether the proposed development reduces visual intrusion by utilising low scale building forms, tucked into the landscape, with the use of materials and colours that occur in the local area.

The proposed facility has been designed and sited to reduce its visual intrusion by the use of a medium scaled height, and a slimline concrete monopole. The structure will be a grey concrete colour which will blend into the skyline. It has been sited with other telecommunications infrastructure being the Telstra exchange, to reduce its impact on the adjacent farmland and vegetation. Additionally, it will

appear in the context of the nearby HV overhead powerline, effectively clustering these infrastructure elements in the landscape. Roadside vegetation will partially screen the facility from both approaches along Waratah Road.

.- In coastal locations, whether the proposed development utilises materials and colours that minimise contrast with the surrounding landscape and whether the visibility of buildings and structures is minimised when viewed from a distance, including from offshore.

The proposed development utilises colours and materials that will blend with the landscape. The visibility of the structure when viewed from a distance will be minimised by the narrow shape of the tower.

In flatter locations (e.g. adjoining Shallow Inlet) whether the proposed development is substantially set back to minimise visual intrusion and to retain a dominant natural character within 500 metres of the edge of the coast.

The proposed facility is set back approximately 800m from the coastline which will minimise visual intrusion from this viewpoint.

p Whether the proposal includes the use of permeable surfacing for all unbuilt areas to minimise surface run-off and to support vegetation.

The proposal maintains the permeable surface within the Telstra Exchange property. No vegetation is proposed within the site which needs to be kept clear for operational and safety reasons.

.- Whether the proposal includes the use of vegetation for screening and to delineate property boundaries, instead of fencing. If fencing is necessary, the proposal should include

open style fencing of a type traditionally used in rural areas i.e. post and wire.

The proposal utilises the existing access and fencing on the site, which is post and wire. No new fencing is proposed. Roadside vegetation will assist in screening the lower portion of the structure.

p Whether the proposal contributes to the retention of the character of large open rural areas offering scenic views by siting developments back from roads, amongst vegetation and low in the topography.

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Telecommunications Facilities by cannot be invisible in order to carry out their purpose and function. They rely on line o f sight radio transmission to achieve their coverage objectives. However, due to the predominately flat nature o f the land, a medium scale height o f 40m has been able to be implemented and still achieve the coverage objectives for the region. Furthermore, the tower is located within an Existing Telstra Exchange and can utilise the existing equipment shelter, negating the need for a new structure. The structure will be partially screened from approaches on Waratah Road due to roadside vegetation, and will be viewed against a backdrop o f other infrastructure within the landscape such

as the HV overhead powerline, and a windmill. Refer to Appendix Gfo r visual impression.

5.4.4 Particular Provisions; Clause 52.19 Telecommunications Facilities

Clause 52.19 of the South Gippsland Planning Scheme sets out the requirements which apply to a telecommunications facility.

The purpose o f Clause 52.19 is:

> To ensure that telecommunications infrastructure and services are provided in an efficient and cost effective manner to meet community needs.

. ' To ensure the application o f consistent provisions for telecommunications facilities. > To encourage an effective statewide telecommunications network in a manner consistent

with the economic, environmental and social objectives of planning in Victoria as set out in Section 4 o f the Planning and Environment Act 1987.

To encourage the provision of telecommunications facilities with minimal impact in the amenity o f the area.

This provision applies to the construction or carrying out of works associated with the use of the land for a Telecommunications facility. They apply to the extent permitted under the Telecommunications

Act 1997 and determinations made under that Act.

The proposed telecommunications facility will meet the purpose o f Clause 52.19 in that:

It provides reliable coverage and service quality to Sandy Point and its surrounds. Being sited

in a central position between Sandy Point and Waratah Bay enables coverage to extend across the region to ensure reliable coverage to the broadest possible area. It meets the design and siting requirements as specified in the Victorian Code of Practice, ensuring that there is a consistent approach to the development of telecommunications facilities within the region

> It provides an improved telecommunications network in the area that it is well suited to and will be designed to not impact on the surrounding rural land or scenic landscapes, and is co- located with existing Telstra infrastructure. The facility will provide essential mobile services with acceptable impacts to the amenity of the area.

Before deciding on an application for the development o f a Telecommunications Facility, in addition

to the guidelines of Clause 65, Council must consider as appropriate the decision guidelines contained

in Clause 52.19-6, these are as follows:

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The principles for the design siting, construction and operation of a telecommunications facility as set out in A Code o f Practice for Telecommunications Facilities in Victoria It is submitted that the proposed replacement o f an existing telecommunications tower at the application site is consistent with the principles set out in A Code o f Practice f o r Telecommunications Facilities in Victoria. These principles have been individually addressed in Section 5.4.5 below.

The effect of the proposal on the adjacent land

As part o f the assessment against the principles set out in Section 4 o f 'A Code o f Practice for Telecommunications Facilities in Victoria' (see 5.4.5 below) and the decision guidelines o f Clause 65 of the Scheme, the effect o f the proposal on adjacent land is examined in detail.

It is submitted that the proposal will not unreasonably affect the development o f the land directly adjacent nor interfere with the peaceful enjoyment o f the existing nearby uses.

If the Telecommunications facility is located in an Environmental Significance Overlay, a Vegetation Protection Overlay, a Significant Landscape Overlay, a Heritage Overlay, a Design and Development Overlay or an Erosion Management Overlay, the decision guidelines in those overlays and the schedules

to those overlays.

The site o f the proposed telecommunications facility is covered by an Environmental Significance

Overlay (ES03). The decision guidelines o f ES03 are considered in Section 5.4,3 above.

The current proposals will meet the purpose o f Clause 52.19 in that:

> The proposed facility will allow for the efficient provision of telecommunications services to the area in a cost effective manner to meet growing community needs;

> It meets the design and siting requirements as specified in Section 4 of the Victorian Code of

Practice (see Section 5.4.5 below), ensuring that there is a consistent approach to the development of telecommunications facilities within the region and ensuring there is no unreasonable effect on adjacent land;

> It will provide an improved telecommunications network in a location that is designed to reduce potential impact on surrounding uses. The facility will provide essential mobile services

on a 40m monopole within an existing Telstra Exchange and sited adjacent to other vertical infrastructure elements in the landscape, such as the HV overhead powerline, and is buffered by existing roadside vegetation.

5.4.5 A Code o f Practise f o r Telecommunications Facilities in Victoria

The Code is an incorporated document in all planning schemes in Victoria and the purpose of the Code

is to:

- Ensure that telecommunications infrastructure and services are provided in an efficient and

cost effective manner to meet community needs. ' Ensure the application o f consistent provisions f o r telecommunications facilities.

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.- Encourage an effective state wide telecommunications network in a manner consistent with the economic, environmental and social objectives of planning in Victoria as set out in section 4 of the Planning and Environment Act 1987.

, Encourage the provision of telecommunications facilities with minimal impact on the amenity

of the area.

Section 4 of the Code sets out principles for the design, siting, construction and operation of telecommunications facilities. The following four principles must be applied where relevant to the design, siting, construction and operation of any telecommunications facility that is not exempt under Commonwealth legislation.

" A telecommunications facility should be sited to minimise visual impact. Telecommunications facilities should be co-located wherever practical.

> Health standards for exposure to radio emissions will be met.

v Disturbance and risk relating to siting and construction be minimised.

The following addresses how the proposed telecommunication facility will meet the four principles identified in the Code.

PRINCIPLE l.A telecommunications facility should be sited to minimise visual impact. The application of this principle requires consideration of five specific items;

r 1. On, or in the vicinity of a heritage place, a telecommunications facility should be sited and designed with external colours, finishes and scale sympathetic to those of the heritage place. A heritage place is a heritage place listed in the schedule to the Heritage Overlay in the planning scheme.

p 2. A telecommunications facility mounted on a building should be integrated with the design and appearance of the building.

ø- 3. Equipment associated with the telecommunications facility should be screened or housed to reduce its visibility.

.- 4. The relevant officer of the responsible authority should be consulted before any street tree is pruned, lopped, destroyed or removed.

'- 5. A telecommunications facility should be located so as to minimise any interruption to a significant view of a heritage place, a landmark, a streetscape, vista or a panorama, whether viewed from public or private land.

Specific to this application are dot points 3 and 5. These items both relate to the principle to minimise visual impact. It is important to note that the principle does not require that a facility be completely screened from view from adjoining properties and this position has been reiterated in a number of VCAT cases. Telecommunications Facilities by cannot be invisible in order to carry out their purpose and function. They rely on line of sight radio transmission to achieve their coverage objectives.

REFERENCES: TELSTRA CORPORATION LTD V MILDLJRA RCC [2009 VCAT 1928 & OPTuS MOBILE PTY LTD V BALLARAT CC [2010] VCAT 661

A range of factors are considered in relation to visual impact when siting a facility. This includes factors such as the height and design of the structure, the zoning and use of the land, the distance to nearby dwellings and sensitive uses and the impact of the facility on the broader landscape. Any assessed

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visual impact must be balanced against the general policy support within the Planning Scheme for the widespread provision of quality, modern telecommunications infrastructure and the wider community benefit from the development of a comprehensive telecommunications network.

Our assessment of the proposal against the relevant items of this principle is as follows:

The ground level equipment will be housed in the existing Telstra Exchange equipment shelter at the base of the proposed pole.

The medium scale height, use of a monopole (as opposed to a larger bulkier lattice tower or guyed mast), and will assist in the reduction of visual impact from afar.

The facility will be kept within an existing fenced compound with the feeders required to facilitate the proposal accommodated internally within the new monopole further ensuring a neat structure.

The closest dwelling to the site is located approximately A m form the site, ensuring no impacts on residential dwellings.

Due to the predominately flat nature of the land, a medium scale height of 40m has been able to be implemented and still achieve the coverage objectives for the region. Furthermore, the tower is located within an Existing Telstra Exchange and can utilise the existing equipment shelter, negating the need for a new structure. The structure will be partially screened from approaches on Waratah Road due to roadside vegetation, and will be viewed against a backdrop of other infrastructure within the landscape such as the HV overhead powerline, and a windmill. Refer to Figure 22 & 23

FIGURE 22 VIEW EAST FROM THE TELSTRA EXCHANGE SHOWING THE POWER LINE AND WINDMILL AND FLAT RURAL LAND

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FIGURE 23 VIEW APPROXIMATELY 880rvi NORTH WEST TO PROPOSED FACILITY AT DRIVEWAY ENTRANCE TO CLOSEST

DWELLING.

FIGURE 24 VISUAL IMPRESSION OF FIGURE 23 WITH PROPOSED FACILITY SHOWING WITHIN THE CONTEXT OF THE

LANDSCAPE.

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FIGURE 2 5 VIEW NORTH WEST OF WARATAH ROAD AND _ROADSIDE VEGETATION WHICH WILL ASSIST TO SCREEN THE

FACILITY WHEN TRAVELLING IN A VEHICLE. VIEWS ALONG THIS ROAD WILL BE FLEETING.

In this context, the visual impact on this particular area is considered acceptable and strikes a balance

between the provision o f essential, dedicated and reliable voice communication and high speed wireless broadband to Sandy Point and its surrounds.

Overall it is considered that the facility is acceptable and will not cause an unacceptable loss o f visual

amenity to the surrounding area due to its siting within the surrounding landscape and design.

PRINCIPLE 2 Telecommunications facilities should be co-located wherever practical. There are no appropriate opportunities for co-location o f this proposal as described in section 2.3 of

this report. Telstra has taken the opportunity to co-locate the facility with its existing infrastructure

which negates the need for an additional shelter and provides immediate access to connect fibre and

power to the facility. The proposal will provide Telstra and other carriers adequate co-location

opportunities in the future.

PRINCIPLE 3 Health standards for exposure to radio emissions will be met The proposed telecommunications facility has been designed and will be installed to ensure that the

maximum human exposure levels to radio frequency emissions comply with Radiation Protection Standard- Maximum Exposure Levels to Radiofrequency Fields- 3kHz to 3006Hz, Arpansa, May 2002.

PRINCIPLE 4 Disturbance and risk relating to siting and construction be minimised. The construction activity and site location will comply with state environmental protection policies and best practice environmental management guidelines at the construction stage.

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Construction activities on site will be limited to installation and intermittent maintenance. There will be limited excavation and formwork required to install the tower. Once the facility is operational and integrated with the Telstra network, the facility requires minimal maintenance, with maintenance inspections typically carried out every six months.

5.4.6 General Provisions; Clause 65 Decision Guidelines

It is submitted that the proposed telecommunications facility will produce acceptable planning outcomes in terms of the decision guidelines of this clause. An assessment against the decision guidelines of Clause 65.01 is provided below and must be considered, as appropriate, by the responsible authority.

The matters set out in Section 60 of the Act. The current proposal accords with the South Gippsland Planning Scheme and any relevant codes, policy documents and guidelines and will have a positive public safety, social and economic effect on the area and therefore, accords with Section 60 of the Act.

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The current proposal is consistent with the SPPF and LPPF as detailed in Section 5 above.

It is considered that there is strong State and local policy support for improved telecommunications facilities if, when balancing improved telecommunications services with environmental, including visual, impact, a particular proposal provides a net community benefit.

The purpose of the zone, overlay or other provision. The proposal is consistent with the purposes of the zone, overlays and Clause 52.19: Telecommunications Facilities, contained within the Particular Provisions of the Planning Scheme.

The orderly planning of the area. The proposed facility is located and designed to ensure off-site impacts are minimised and will not negatively affect the orderly planning of the area for other land uses.

The Sandy Point community has identified an immediate need for Telecommunications services in Sandy Point, This is supported by the Federal Government as highlighted in the Mobile Black Spot Programme. The site has been chosen with regard to State and local planning provisions.

Furthermore, the current proposal will facilitate the orderly development, and extension and maintenance of telecommunications infrastructure for the area.

The effect on the amenity of the area. The effect on the amenity of the area has been assessed against the principles in Section 4 of the VIC Code (see Section 5.4.5).

The proposals overall effect on the amenity of the area is well mitigated by the siting and design of the facility adjacent to other infrastructure elements in the HV overhead powerline, existing roadside vegetation and location within the existing Telstra Exchange.

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The proximity of the land to any public land. The land on which the proposed facility is sited is private land, as is the adjacent land parcels.

Factors likely to cause or contribute to land degradation, salinity or reduce water quality. There are no factors relating to the current application which will cause or contribute to land degradation, salinity or reduce water quality.

Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site. The proposed development will maintain the quality of stormwater within and exiting the site.

The extent of character of native vegetation and the likelihood of its destruction. There is native vegetation in the adjacent roadside reserves, however there will be no disturbance of native vegetation as part of the proposed development, as it utilises existing access conditions.

Whether native vegetation is to be or can be protected, planted or allowed to regenerate. The location of the current proposal will not impact on any native vegetation.

The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard. Sandy Point is identified as an area of high fire danger. The proposed telecommunications facility will assist in providing essential communications including during times of emergency.

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7 Conclusion This application is a direct result of the Sandy Point Community's requests for reliable telecommunications to be provided to the Sandy Point Township and surrounds.

The provision of reliable telecommunications to the region is further supported by Gippsland Shire Council, Andrew Broadbent, Federal MP and Harriet Shing, State MP.

There is strong State policy support for telecommunications facilities if, when balancing improved telecommunications services with environmental impacts; including for example, visual impact and flood or fire hazard, a particular proposal provides a net community benefit.

The site has a number of characteristics that make it suitable for the construction of a new telecommunications facility in the manner proposed. The design responds to the principles of design, siting, construction and operation of telecommunications facilities as specified in the Code of Practice whilst meeting state and local planning policy objectives

The proposed works provide the community with reliable 4G access which in turn supports the various rural and tourist industries in the region and forms part of a wider plan to ensure reliable and accessible coverage during emergency situations such as bush fires

The proposed telecommunications facility at 285 Waratah Road, Sandy Point will from an integral component in Telstra's national 4GX network. This 4G service brings higher speeds and extra 4G coverage to a range of communities across the nation. 4GX will include services provided over Telstra's

new 700MHz spectrum and deliver highertypical mobile speeds on compatible devices, allowing more Australians to experience more reliable connections and ultra-fast mobile internet. Importantly, the proposed facility will provide reliable coverage essential for the protection of the fire prone areas in the region and ensuring quality and reliability of coverage for users.

The proposal will ensure that customers in Sandy Point and its surrounds will have access to the best possible mobile phone and mobile broadband service.

Telstra, together with Excomm Integrated Services have undertaken an assessment of the relevant matters as required by the Telecommunications Act 1997, the Aboriginal Cultural Heritage Act 2006 and the South Gippsland Planning Scheme. The proposal is considered appropriate in light of the relevant legislative, environmental, technical, radio coverage and public safety requirements.

This assessment of the proposed development for a telecommunications facility indicates that the proposal is a suitable from of development on the site. The proposed facility is considered suitable in this location for the following reasons:

, The facility is located specifically to provide reliable mobile phone service to Sandy Point and its surrounds.

r The location was chosen to co-locate the facility with Telstra's existing infrastructure at the Sandy Point Exchange, allowing for a cost effective and efficient deployment in line with the Black Spot Programme parameters. The location can utilise the existing provision of fibre and

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power connections at the site which reduces further environmental impacts usually associated with underground trenches for this provision. The siting of the monopole within the existing exchange compound amongst other vertical infrastructure elements such as the overhead powerline and windmill, along with the presence of roadside vegetation will minimise visual intrusion from Waratah Road and protect the surrounding significant landscapes.

> The implementation of a medium scale height ensures that the facility will not have unacceptable impacts on the vistas from public viewpoints or the valued landscape qualities in the region.

r The facility will be able to accommodate further technological upgrades and other carrier co- locations in to the future.

> The proposed Telecommunications facility will improve the services to the local community, and tourists and will not impact on agricultural use of the land. It will support the region's economic activities including tourism and rural industries, and will provide access to reliable

coverage during times of emergency. ,- The proposal will not impact on the RAMSAR protected wetland of Corner Inlet.

The proposal is consistent with the relevant provisions of the South Gippsland Planning Scheme. The proposal is consistent with the guidelines of the Mobile Black Spot Programme to ensure the Programme is delivered as efficiently and effectively as possible, and achieve maximum value for money to improve mobile phone coverage and competition in regional and remote Australia, including along major transport routes, in small communities and in locations prone to experiencing natural disasters

' Emissions from the proposed facility will be significantly below the Australian Communications and Media Authority standard.

This assessment demonstrates that the proposal achieves a reasonable balance between the provision of essential telecommunication services and the need to protect the environment from adverse impacts from such development. It is respectively requested that permission is granted for this permit application.

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